Csx To Undertake Safety Improvements At Railroad Crossings

General Spitzer today announced an agreement with CSX Transportation Inc. (CSX) that will result in safety improvements at hundreds of railroad crossings across New York State.

Under the voluntary agreement, CSX will undertake a series of safety monitoring and reporting improvements, and fund a pilot program to reimburse local law enforcement agencies for costs they incur to protect CSX railroad crossings that have been identified as having malfunctioning safety equipment.

"It is critical that railroad companies maintain the highest safety standards possible," Spitzer said. "As a result of this agreement, CSX will undertake a number of reforms that will produce the quickest response possible to any potential crossing safety problems."

The Attorney General began an investigation of railroad safety issues after an accident killed two people at a CSX rail crossing near Rochester last year. The Attorney General’s investigation found that CSX:

• Failed to make timely repairs to malfunctioning safety equipment at crossings, as required by law;
  
• Failed to notify local law enforcement authorities in a timely manner about malfunctions of safety equipment, such as gates and warning lights, at its crossings; and,
  
• Failed to maintain accurate records tracking the status of malfunctioning warning systems at crossings.

Under the terms of the agreement announced today, CSX will take a number of steps to improve safety at its crossings. Some of these steps were initiated while the Attorney General’s office was investigating the company. The measures include:

• Repairing warning system malfunctions at railroad crossings within 24 hours or as soon as possible;
  
• Notifying law enforcement agencies when receiving a credible report of a crossing system malfunction, or when warning systems cannot be repaired within 24 hours, or when these crossing safety systems are deactivated by CSX;
  
• Improving testing and inspection of railroad crossing safety equipment;
  
• Improving record keeping on crossing safety matters; and,
  
• Issuing updated and improved maintenance instructions to employees.

In addition, the company will provide $500,000 for a first-of-its-kind statewide program to reimburse local law enforcement agencies for costs they incur to protect CSX crossings with malfunctioning safety equipment. The intention of the program is to provide funding for a police officer to be physically present to direct traffic and maintain safety at crossings where there is a malfunctioning warning system, and for that staffing to be maintained until the warning system is repaired.

CSX will also report to the Attorney General’s office periodically on crossing safety matters, and pay the State of New York $1 million to resolve the investigation.

The Attorney General commended CSX officials for working with his office to address railroad crossing safety problems.

CSX is a Virginia corporation whose principal office is in Jacksonville, Florida. The company maintains approximately 550 signalized at-grade rail crossings along 1,350 miles of track in New York State.

The case was handled by Assistant Attorney General Benjamin Bruce and Bobby Colón, Assistant Attorney General in Charge of the Rochester Regional Office.

Attachments:

• Voluntary Settlement Agreement - PDF Format
• CSX Report by Time - PDF Format
• CSX Report by City - PDF Format

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